(a)

The PUD, planned unit development district, is intended for those areas of the township where a multifunctional development or a creative reuse of an old, large existing facility is necessary in order to protect the surrounding area, protect the environment and/or protect the health, safety and welfare of the community as a whole. The regulations outlined in this article allow for the establishment of PUDs in all zoning districts or in all land use plan designations as a viable land use development alternative for the purpose of the following:

(1)

Preserving a natural resource.

(2)

Encouraging innovation in land use development planning.

(3)

Creating a unique combination of land uses that would be a benefit to the township as well as to the applicant.

(4)

Encouraging the development of lands that are compatible with its character and adaptability.

(5)

Providing for quality housing, new local employment, special shopping opportunities, safe traffic patterns and better recreational facilities for the residents of the township.

(b)

The provisions of this section, therefore, provide the regulatory authority and outline the standards for the submission, review and approval of a PUD.

(Ord. of 3-17-2008, § 9.01)

The following regulations are applicable to all PUDs and they will become the basis for reviewing PUDs in all steps of the review and approval process.

(1)

Applications for planned unit developments may be submitted for review in all zoning districts.

(2)

Any land use or a combination of land uses authorized in this chapter may be included in a planned unit development provided adequate site improvements are incorporated into the plan to protect the occupants in one land use from the effects of adjacent land uses within the PUD or in land uses adjacent to the PUD so that public health, safety and general welfare are protected.

(3)

The PUD shall be under single ownership or under the control of a single entity until the project is completed in conformity with this chapter. If any landownership interests change, notice shall be given to the township within ten days of such change.

(4)

The PUD must demonstrate that one or more of the following conditions will occur:

a.

That a local, state or national resource and/or natural feature of a substantial quantity and/or a significant quality will be protected or preserved;

b.

That some clearly defined, unique benefit or innovative planning pattern will accrue to the users of the PUD and/or to the township as a whole that would not be otherwise feasible or not likely to be achieved without the use of the PUD designation;

c.

That a higher quality of living, working and/or leisure activity will be acknowledged within the township; or

d.

That an existing nonconforming use of the land in the zoning district in which it is situated at the time of an application for a PUD, will be transformed into a more conforming or less offensive situation in some significant way.

(5)

The proposed type and density of the use incorporated in the PUD shall not cause an undue burden upon public services, facilities and utilities than what would otherwise occur under separate land use situations that would have been permitted by other sections of this chapter.

(6)

The proposed PUD shall not place an undue burden on the natural environment within the development or on the surrounding parcels.

(7)

The proposed PUD shall not result in excessive noise or traffic in the surrounding area nor shall it result in a reduction in pedestrian safety within or around the development.

(8)

The proposed PUD shall not result in an unreasonable and quantifiable negative economic impact upon surrounding properties and, in fact, the applicant should demonstrate how properties and property values are protected or are possibly increased in value and how the quality of the life in the surrounding properties are protected or enhanced.

(Ord. of 3-17-2008, § 9.02)

The following regulations are applicable to all PUDs based upon the types of uses to be incorporated into a PUD and the intensity of the development of a PUD:

(1)

Residential use and density.

a.

Residential density shall not be greater than the maximum density permitted in the zoning district in which the property is situated immediately prior to classification under this article. If the parcel is not zoned for residential use immediately prior to classification under this article, the township shall make a determination as to appropriate density based upon existing and planned residential densities in the surrounding area, the availability of utilities and services, and the natural features and resources of the subject parcel.

b.

Project density shall be demonstrated by a preliminary site plan with a conventional layout and with all applicable ordinances and laws observed, including proof of water supply and sewage disposal as set forth in this section.

c.

An applicant shall demonstrate that all dwelling units proposed within a planned unit development are capable of meeting applicable county and/or state agency approvals for on-site water supply and sewage disposal where such on-site systems are proposed. Inasmuch as the capability of the parcel for on-site water supply and sewage disposal is material to the determination of potential development density, the township shall require percolation tests, soil borings and other information to determine suitability of soils for on-site sewage disposal. These tests must be conducted under the supervision of a registered engineer, certified sanitarian, or other competent licensed professional in accordance with uniform procedures established by the state department of environmental quality and this chapter. A preliminary site plan with a conventional layout is required in order to demonstrate project density. The planning commission may recommend to the township board to waive the requirement for percolation tests, soil borings, and other information on each individual lot of the preliminary site plan with a conventional layout, when it can be demonstrated by the applicant that one or more of the following conditions exist:

1.

Conducting the necessary testing would result in unreasonable damage to significant natural resources and features that are intended to be preserved.

2.

Previous studies acceptable to the planning commission have been conducted on the site which verify the suitability of soils and sub-surface conditions for on-site water supply and sewage disposal.

3.

Other evidence and data exists which, in the opinion of a registered engineer, certified sanitarian, or other competent licensed professional and such evidence is acceptable to the planning commission, verifies the suitability of soils and sub-surface conditions for on-site water supply and sewage disposal.

d.

Additional density for residential uses may be allowed by the discretion of the township board upon the recommendation of the planning commission and based upon a demonstration by the applicant of consistency with the master plan and of planning and design excellence resulting in a material benefit to the township, adjacent land uses, and/or the ultimate users of the project, where such benefit would otherwise be unlikely to be achieved without the application of the PUD regulations. In the determination whether a project warrants additional density, the township board may also consider the following factors including, without limitation: innovative design; pedestrian or vehicular safety; longterm aesthetic beauty; protection and preservation of natural resources and features; preservation of open space which avoids fragmentation of the resources base and contributes to an area wide open space network; and improvements to the township's infrastructure.

(2)

Mixed use projects. For planned unit development projects which contain a residential component, the township shall make a determination as to appropriate residential density based upon existing and planned residential densities in the surrounding area, the availability of utilities and service and the natural features and resource of the subject parcel.

(3)

In the case of any ambiguities as to applicable regulations that may apply to a proposed PUD, the planning commission shall recommend to the township board, and the township board, in its discretion, shall resolve such ambiguities.

(4)

There shall be a landscaped greenbelt and berm around the PUD as shall be recommended by the planning commission and may be approved by the township board to mitigate any negative effects of the development on surrounding properties. Such a greenbelt shall be an integral part of a PUD that includes nonresidential uses and it may be up to 100 feet wide once the planning commission and the township board have taken into consideration the use of the proposed development and of the adjacent uses. The width of the greenbelt, however, does not have to be uniform at all points around the perimeter of the PUD but in no case shall it be less than 50 feet.

(5)

Public roads, internal roads and drives, site drainage and other engineering components of a development plan shall meet or exceed the standards set forth in the township ordinances and regulations that are applicable in connection with each of the proposed uses to be incorporated into the PUD.

(6)

Where feasible, all public utilities shall be installed underground.

(7)

Where feasible, without significantly reducing the kind and density of uses in a PUD, pedestrian circulation paths shall be separated from vehicular drives or roads by a minimum landscape separation of five feet.

(8)

Signage, exterior lighting, parking, the design of the buildings and other features of the project shall be consistent with the character of the community, surrounding development or developments, and natural features of the area.

(Ord. of 3-17-2008, § 9.03)

(a)

All applications for a PUD must go through a three-step process for review and approval. The third step shall constitute an application to rezone the property to a PUD district only if the applicant has received an approval or a conditional approval of a PUD in steps one and two of this review and approval process. The steps for review and approval are as follows:

(1)

Step one; preliminary review and concept approval.

a.

Prior to the submission of an application for a PUD, the applicant shall meet with the director of planning and building and with any consultants the director deems appropriate. The applicant shall present at such preapplication conference, at least a sketch plan of the proposed PUD which shall include the following information: total number of acres in the project; the number of residential units, if any; the number and type of nonresidential units; the number of acres to be occupied by each type of use; the number of acres to be preserved as open or recreational space; and all natural resources and natural features to be preserved.

b.

After a preliminary meeting or meetings the director of planning and building shall inform the applicant of regulations that will most likely apply to the development and a list of initial concerns that should be addressed by the applicant in their formal preliminary PUD submittal to the planning commission.

c.

Ten copies of the preliminary information and such other information the applicant wishes to submit shall be filed with the planning and building department within 90 days of the preapplication conference. Preliminary plans shall include the information outlined in article II, division 2 of this chapter.

d.

The preliminary information and application for a PUD shall be presented to the planning commission within a reasonable amount of time for review, but no more than 60 days after submission to the planning and building department.

e.

The planning commission shall review the preliminary plan information and shall be entitled to make reasonable inquiries of the applicant about issues relevant to the preliminary plan.

f.

The planning commission shall also proceed to set the subject over to a second meeting wherein the planning commission may receive answers to the questions posted by the commission, to receive preliminary reports from the township's consultants and to receive comments from the surrounding property owners.

g.

Based upon the information presented by the applicant, based upon information presented by the administrative staff and consultants, and based on the public's comments and concerns, the planning commission shall make a motion to give tentative approval to the concept of the PUD, to give tentative approval to the concept subject to certain conditions, or to deny the concept of a PUD based upon certain mitigating circumstances. If the motion is to deny the PUD completely, the application process shall be terminated and the applicant shall be entitled to a refund of the unused portion of their fee and escrow deposit.

(2)

Step two; planning commission approval or denial of the PUD.

a.

Upon a favorable motion for concept approval by the planning commission to consider the proposed development of a PUD in more detail, the applicant may proceed to prepare the final documentation for the PUD. The applicant may prepare a more in-depth site development engineering and architectural plan with models, graphics and written narratives conforming to section 46-327. These materials shall be submitted to the planning and building department within 90 days of the planning commissions tentative approval of the PUD concept.

b.

The planning commission shall review the updated plans. They shall be entitled to make reasonable inquiries of and receive answers from the applicant on issues relevant to the PUD. Following their review, the planning commission shall provide the applicant with written comments, which shall be a part of the official minutes of the planning commission meeting. An integral part of these comments shall be a motion to approve or deny in whole or in part the PUD and/or the materials presented in the PUD package. If the motion is to deny the PUD in part, the applicant shall be advised to revise their plan consistent with the planning commission's recommendations. If the motion is to deny the PUD completely, the application process shall be terminated and the applicant shall be entitled to a refund of the unused portion of their fee and escrow deposit.

(3)

Step three: final approval of a PUD.

a.

Within six months following receipt of the planning commission's comments and final approval of the PUD, the applicant shall submit to the director of planning and building, ten copies of a final PUD conforming with section 46-327 and all of the requirements cited during previous meetings with the planning commission. If the final plan has not been submitted within the six-month period, the final plan approval shall lapse and the applicant must start the review process again. The township board may extend the time for submission of the final plan upon a showing by the applicant that no material change of circumstances has occurred.

b.

This plan shall constitute an application to amend the zoning map and shall be set for public hearing before the planning commission and otherwise acted upon by the planning commission, the county, and the township board, as and to the extent provided for by state law and article II, division 5 of this chapter.

c.

With and in addition to the regular report submitted by the planning commission in connection with a rezoning application, the planning commission shall submit detailed recommendations to the township board relative to the PUD project, including recommendations with respect to matters on which the township board must exercise discretion and approval.

d.

The final step in the rezoning process is the publication of the action to rezone the property to a PUD district by the township board. The publication of the ordinance to rezone the property will be conditioned upon the action of the applicant to apply for a building permit within six months of the date of the second reading of the ordinance to rezone. If the applicant fails to obtain a building permit or show reasonable cause for one six-month extension of the time period, the action to rezone shall be declared null and void and any subsequent application for a PUD shall be reviewed as if it has been submitted for the first time. The justification for the expiration of a PUD district classification, after such a long time is three-fold:

1.

The circumstances surrounding the approval of the PUD may have changed;

2.

The conditions, use and character of the surrounding properties may have changed; and

3.

This chapter and/or the township's master land use plan of the township may have changed.

In all of these circumstances, there may be good reason to modify or deny several developmental aspects of the PUD as they may impact on the surrounding properties.

(Ord. of 3-17-2008, § 9.04)

Plans being submitted for review and approval shall be made a part of an application for a PUD on a form approved by the planning commission and obtainable through the department of planning and building. The basic information that needs to be submitted includes:

(1)

Plans being submitted for step one under procedures for review and approval of a PUD may be preliminary in nature, sufficient to describe the proposed development of the PUD and complete enough to represent all aspects of the requirements outlined in article II, division 2 of this chapter.

(2)

Plans being submitted for step two or step three under procedures for review and approval of a PUD shall include:

a.

All of the requirements of article II, division 2 of this chapter in full detail.

b.

A plan showing the type, location and density of all uses.

c.

The plan should include open spaces, natural preserves, recreational areas and other like areas as well as an indication of the proposed use of such areas.

d.

A separate document shall describe any deviations from this chapter which would otherwise be applicable to the uses. This document should include ordinance provisions from which deviations are sought, and the reasons and methods to be utilized for the protection of the public health, safety and welfare in lieu of the original regulations.

e.

If the property on which the project is located is less than five acres, it shall be at the discretion of the planning commission to require an impact statement per section 46-392. If the property on which the project is to be situated consists of five acres or more, an impact statement per section 46-392 shall be submitted along with definite statements on how the PUD meets all of the issues presented in the design standards for a PUD which is a part of this chapter.

f.

A detailed landscape plan.

g.

A construction schedule for the PUD, including phasing if applicable of all general improvements such as exterior lighting, signage, and the elements designed to reduce noise and establish visual screening features.

h.

A preliminary drawing of the exterior of the building and preliminary floor plans.

i.

The application shall be signed by all parties having an interest in the property.

j.

A draft development agreement. The development agreement shall outline the responsibilities for the construction of the various elements of the project as well as outlining any conditions that will run with the subject development. The draft development agreement shall be reviewed by the township attorney.

(Ord. of 3-17-2008, § 9.05)

(a)

Guarantees. The township board, after reviewing the recommendation from the planning commission, may require a performance bond. The amount of such bond shall be set as a percent of the total value of the project and shall be established by resolution of the township board. Said bond may be either a cash bond, a performance bond, or a letter of credit and the value of such bonds need not exceed ten percent of the value of the project in cash or 75 percent of the value of the project in a performance bond.

(b)

Conditions. Reasonable conditions may also be required for the approval of a PUD to the extent authorized by law, for the purpose of ensuring that public services and facilities affected by a proposed PUD will be capable of accommodating the anticipated increases. All conditions imposed shall be made a part of the record of the approved planned unit development.

(Ord. of 3-17-2008, § 9.06)